Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Decision Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894:s.6 rlw. s.126(2) of Maharashtra Regional and TownPlanning Act, 1966 - Acquisition of land - By Municipalauthorities - For extention of 'Bamboo Trade and Flea·Market'by Agricultural Produce Market Committee - Underdevelopment plan for the city - Acquisition proceedingschallenged - High Court upheld the proceedings - Held: TheHigh Court rightly upheld the acquisition proceedings on thegrounds of delay/laches as well as on merits - There was nodichotomy between the purpose notified and the purpose forwhich the reservation was made. s.48 - Withdrawal of land acquisition proceedings - By theMinister of Revenue - Withdrawal challenged - High Court setaside the withdrawal order on the grounds that the same wasnot notified in official Gazette, it was violative of principles ofnatural justice and the reasons for withdrawal were notsustainable - Held: Withdrawal order was rightly set aside bythe High Court - Withdrawal order was arbitrary, lackedobjectivity, it was passed by ignoring material on record andwas violative of principles of natural justice. Administrative Law - Administrative decision - Malafide- A/legation of - Standard of proof - Held: Merely becauseaction by public authority is found untenable, it cannot becalled malafide - An action may continue to be bonafide andin good faith, even if the public authority has committed mistakes or irregularities or breached principles of naturaljustice - Suspicion however strong, cannot be proof of chargeof malafide - In the facts of the case, malafide not provedagainst the public authority.Delay/laches - Challenge to acquisition proceedings u/Art. 226 of the Constitution - Held: The Court can decline toinvoke its power of judicial review under Art.226 to interferewith acquisition proceedings, if the challenge to suchproceedings is belated and the delay is unexplained -C Constitution of India, 1950 - Art.226. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 433 |
Petitioner | M/s Mutha Associates And Ors. |
Respondent | State Of Maharashtra And Ors. |
SCR | [2013] 10 S.C.R. 1051 |
Judgement Date | 2013-07-04 |
Case Number | 2853 |
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